Williams v. Chameides

603 A.2d 1211, 26 Conn. App. 818, 1992 Conn. App. LEXIS 99
CourtConnecticut Appellate Court
DecidedMarch 3, 1992
Docket10080
StatusPublished
Cited by16 cases

This text of 603 A.2d 1211 (Williams v. Chameides) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Chameides, 603 A.2d 1211, 26 Conn. App. 818, 1992 Conn. App. LEXIS 99 (Colo. Ct. App. 1992).

Opinion

Heiman, J.

The plaintiff in this medical malpractice action, Randy Williams, administrator of the estate of his son, Marques Williams, appeals from the trial court’s judgment in favor of the defendant Leon Chameides, a pediatric cardiologist.1 The plaintiff claims that the trial court improperly directed the jury to return a verdict in favor of the defendant. We affirm the trial court’s judgment.

[820]*820The evidence presented at trial reasonably supports the following. The plaintiff’s decedent was born with a severe heart defect on June 12,1984. His heart was not connected to his pulmonary artery, which normally would have supplied blood to his lungs. As a result of the decedent’s heart condition, his parents consulted with Chameides, whose associate treated the condition by inserting a shunt to divert blood from the decedent’s subclavian artery to his lungs. Because this remedy, though the standard method of treating the condition, is inherently temporary, Chameides concluded that the shunt would probably have to be replaced as the youngster grew.

In June, 1985, Chameides indicated that the decedent would require a cardiac catheterization. After examining the decedent on January 24, 1986, Chameides recommended that the catheterization be performed within the next few weeks and that a new shunt be inserted sometime thereafter. The defendant performed the catheterization on January 29, 1986, and concluded that the existing shunt had narrowed, restricting the flow of blood to the pulmonary artery. He also found that collateral blood vessels which supplied additional blood to the pulmonary artery had formed since the decedent’s birth. Because the collateral vessels were providing nearly as much blood to the pulmonary artery as was the shunt, Chameides felt that the decedent did not require the insertion of a replacement shunt for survival. Nonetheless, he felt that a new shunt clearly was needed to relieve tiredness and cyanosis, a bluish skin coloration caused by insufficient oxygen in the blood. Because Chameides believed that the new shunt was not necessary to sustain the decedent’s life, he classified the operation as elective rather than as an emergency. Accordingly, he directed Karen Toce, a nurse he employed, to arrange an appointment to install a new shunt at a time within [821]*821the next few months that was convenient for the decedent’s family, the surgeon and the pediatric cardiologist. Despite the wish of the decedent’s family that the defendant install the replacement shunt in late February, Toce scheduled the operation for April 23, 1986. The decedent died on March 31, 1986, after suffering heart failure.

The administrator of the decedent’s estate sued Chameides in March, 1988. Three distinct theories of negligence can be distilled from the complaint: (1) medical malpractice in failing to schedule and perform the second shunt operation soon enough, (2) respondeat superior based on Toce’s negligent failure to return the telephone calls of the decedent’s mother regarding the scheduling of the second shunt operation and to schedule the operation in accordance with the wishes of the decedent’s family and (3) medical malpractice in failing to inform the decedent’s parents of the risks associated with delaying the second shunt operation and of their option to obtain a second opinion regarding the second shunt operation.

At the jury trial, the plaintiff’s sole expert witness was Chameides himself. In addition to Chameides’ testimony, the plaintiff relied on a letter of condolence written by Chameides to the decedent’s parents following the decedent’s death.2 In the letter, the defendant expressed sympathy to the parents and speculated that the decedent died when the shunt suddenly closed, producing a sudden drop in the oxygen level of the decedent’s blood. He further surmised “[wjould it have made any difference had we performed the shunt sooner? I must come to the sad conclusion that it probably would have.”

At the conclusion of the plaintiff’s case-in-chief, the defendant orally moved for a directed verdict. After [822]*822hearing argument on the motion, the court instrúcted the jury that although they might have been able to find that Chameides caused the decedent’s death, the plaintiff had offered no evidence regarding the nature or breach of the defendant’s duty of care. The court then instructed the jury to retire to the jury room and elect a foreperson to sign a directed verdict form for the defendant. The jury complied, and the court accepted the verdict. After denying the plaintiff’s motion to set aside the verdict, the court rendered judgment for the defendant.

The plaintiff first claims that the trial court improperly determined that he had failed to produce expert testimony establishing either the nature or the breach of the defendant’s duty of care. We disagree.

A directed verdict, while disfavored, should be ordered whenever a jury could reach no other conclusion without speculation. See Petyan v. Ellis, 200 Conn. 243, 244, 510 A.2d 1337 (1986); Burke v. West Hartford, 147 Conn. 149, 151-52, 157 A.2d 757 (1960); Merola v. Burns, 21 Conn. App. 633, 636, 575 A.2d 1025 (1990). In reviewing the trial court’s directing and then refusing to set aside a verdict, we consider the evidence in the light most favorable to the plaintiff. Samose v. Hammer-Passero Norwalk Chiropractic Group, P.C., 24 Conn. App. 99, 102, 586 A.2d 614, cert. denied, 218 Conn. 903, 588 A.2d 1079 (1991); Campbell v. Pommier, 5 Conn. App. 29, 31-32, 496 A.2d 975 (1985).

“In order to prevail in a medical malpractice action, the plaintiff must prove (1) the requisite standard of care for treatment, (2) a deviation from that standard of care, and (3) a causal connection between the deviation and the claimed injury.” Samose v. Hammer-Passero Norwalk Chiropractic Group, P.C., supra, 102-103. Generally, expert testimony is required to [823]*823establish both the standard of care to which the defendant is held and the breach of that standard. Mather v. Griffin Hospital, 207 Conn. 125, 130-31, 540 A.2d 666 (1988); Shelnitz v. Greenberg, 200 Conn. 58, 66, 509 A.2d 1023 (1986); Cross v. Huttenlocher, 185 Conn. 390, 393, 440 A.2d 952 (1981). The plaintiff may rely on the defendant’s testimony to meet its burden of producing positive evidence of an expert nature from which the jury could reasonably and logically conclude that the defendant was negligent. Snyder v. Pantaleo, 143 Conn. 290, 294, 122 A.2d 21 (1956).3

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Bluebook (online)
603 A.2d 1211, 26 Conn. App. 818, 1992 Conn. App. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-chameides-connappct-1992.